Roger F. and Mary A. Duronio - Page 4




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          taxpayer and a taxpayer’s children at an eligible educational               
          institution qualify as educational expenses.  Sec. 72(t)(7); sec.           
          529(e)(3)(A) and (B).                                                       
               Petitioners argue that because money is fungible                       
          petitioners’ December 2001 $18,000 NYU tuition payment for their            
          son should be deemed to have been funded not in 2001 but in 2002            
          by the $19,900 early IRA distribution Mary received.  Petitioners           
          also appear to argue that they guaranteed their son’s 2002                  
          $19,263 student loan and that petitioners’ loan guarantee should            
          be treated as a $19,263 payment on their son’s educational                  
          expenses.                                                                   
               Petitioners also allege that in 2002 petitioners paid other            
          miscellaneous educational expenses of their son.                            
               We reject petitioners’ arguments.                                      
               Petitioners’ December 2001 $18,000 tuition payment for their           
          son may have necessitated Mary’s $19,900 2002 early IRA                     
          distribution.  However, qualified higher educational expenses               
          paid in a year other than the year of an early IRA distribution             
          do not reduce the amount of the early distribution subject to the           
          10-percent additional tax.  See Lodder-Beckert v. Commissioner,             
          T.C. Memo. 2005-162.                                                        
               Because petitioners have not produced credible evidence that           
          they guaranteed the $19,263 student loan their son obtained in              
          2002, we do not address the merits of petitioners’ argument that            







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